CA11: Exactly when the officer found out about the arrest warrant for defendant when the search incident occurred really doesn’t matter; there was a warrant

Exactly when the officer found out about the warrant for defendant when the search incident occurred really doesn’t matter. “A valid warrant for Freeman’s arrest existed when Officer Miller searched him. Regardless of whether the dispatcher had confirmed the warrant before the search, it is undisputed Officer Miller received that confirmation no later than moments after the search.” United States v. Freeman, 2014 U.S. App. LEXIS 22891 (11th Cir. December 5, 2014).

Defense counsel’s decision to forego a hearing on the motion to suppress was reasonable in light of the government’s admission that the plea offer was off the table if one was filed. “These types of decisions, i.e., whether to forego possible defenses and challenges in light of a pending plea agreement, are part of the risks that are inherent in the judicial process. The Court is loath to second guess such decisions, particularly given that ‘[p]lea bargains are the result of complex negotiations suffused with uncertainty, and defense attorneys must make careful strategic choices in balancing opportunities and risks.’ Premo, 562 U.S. at 115; …” United States v. Green, 2014 U.S. Dist. LEXIS 168414 (E.D. Mich. December 5, 2014)